Plan Amendment. No discontinuation, modification, or amendment of the Plan may, without the written consent of the Grantee, adversely affect the rights of the Grantee under this Agreement, except as otherwise provided under the Plan.
Plan Amendment. The RSRs (and related Dividend Equivalents) subject to the award are governed by, and the Grantee’s rights are subject to, all of the terms and conditions of the Plan and any other rules adopted by the Committee, as the foregoing may be amended from time to time. The Grantee shall have no rights with respect to any amendment of this Agreement or the Plan unless such amendment is in writing and signed by a duly authorized officer of the Company. In the event of a conflict between the provisions of the Grant Letter and/or the Stock Plan System and the provisions of this Agreement and/or the Plan, the provisions of this Agreement and/or the Plan, as applicable, shall control.
Plan Amendment. 11.2.1 Except as provided in Section 11.2.2, no amendment pursuant to Section 11.1 shall:
(A) authorize any part of the Trust Fund to be used for, or diverted to, purposes other than for the exclusive benefit of Participants or their Beneficiaries;
(B) decrease the accrued benefits of any Participant or his or her Beneficiary under the Plan; An amendment which has the effect of (1) eliminating or reducing an Early Retirement benefit or a retirement-type subsidy, or (2) eliminating an optional form of benefit payment, with respect to benefits attributable to service before the amendment shall be treated as reducing accrued benefits. In the case of a retirement-type subsidy, the preceding sentence shall apply only with respect to a Participant who satisfies (either before or after the amendment) the preamendment conditions for the subsidy. In general, a retirement-type subsidy is a subsidy that continues after retirement, but does not include a qualified disability benefit, a medical benefit, a social security supplement, a death benefit (including life insurance), or a plant shutdown benefit (that does not continue after retirement age).
(C) reduce the vested percentage of any Participant determined without regard to such amendment as of the later of the date such amendment is adopted or the date it becomes effective;
(D) eliminate an optional form of benefit distribution with respect to benefits attributable to service before the amendment; or
(E) change the vesting schedule, or in any way amend the Plan to either directly or indirectly affect the computation of a Participant's vested percentage, unless each Participant having not less than 3 years of Vesting Service is permitted to elect, within a reasonable period specified by the Administrator after the adoption of such amendment, to have his or her vested percentage computed without regard to such amendment. For Participants who do not have at least one Hour of Service in any Plan Year beginning after December 31, 1988, the preceding sentence shall be applied by substituting "5 Years of Vesting Service" for "3 Years of Vesting Service" where such language appears. The period during which the election may be made shall commence with the date the amendment is adopted and shall end on the later of:
(i) 60 days after the amendment is adopted;
(ii) 60 days after the amendment becomes effective; or
(iii) 60 days after the Participant is issued written notice by the Administrator.
11.2.2 Anything contained in...
Plan Amendment. Within fourteen (14) days of the execution of this contract, Concessionaire shall meet with State to modify and amend the Facility Plan as is reasonable and necessary to meet the intention of the State for this concession operation and the mission of the Department.
Plan Amendment. Upon approval of this Agreement by the Board, this Agreement shall constitute a limited-scope amendment of the provisions of the Plan that might otherwise be inconsistent with the terms of this Agreement, including, but not limited to, provisions of the Plan that might otherwise provide for more favorable vesting upon termination of employment. The Plan amendment created by the Board’s approval of this Agreement, however, shall be limited to the Restricted Stock granted pursuant to this Agreement and the Restricted Stock granted pursuant to the other similar Restricted Stock Awards approved by the Board on same date that this Agreement is approved by the Board.
Plan Amendment. This Agreement may be amended from time to time in the sole discretion of the Bank, but no such amendment shall reduce the accrued benefit of the Executive as of the date of the amendment. In addition, no amendment shall be effective which shall violate Code Section 409A or cause the Executive to incur an excise tax thereunder.
Plan Amendment. During the Pre-Closing Period, the Company shall use its best efforts to amend the Severance Plan as provided in the Plan Amendment.
Plan Amendment. The Township hereby agrees to consider in good faith amendments to the Redevelopment Plan with respect to the FSOD, if it determines that such amendments would facilitate a mutually-agreeable and beneficial Project.
Plan Amendment. A plan may be amended to provide reasonable annual cost-of-living increases to retired par- ticipants: Provided, That
(1) Any such increase shall be for a period and amount determined by the sponsor’s board of directors, but in no event shall it exceed the annual in- crease in the Consumer Price Index published by the Bureau of Labor Sta- tistics; and
(2) No increase shall be granted un- less:
(i) Anticipated charges to net income for future periods have first been found by such board of directors to be reason- able and are documented by appro- priate resolution and supporting anal- ysis; and
(ii) The increase will not reduce the State savings association’s regulatory capital below its regulatory capital re- quirement.
Plan Amendment. If you remain employed by the GTE Companies until September 30, 2002, and if any GTE tax-qualified defined benefit plan in which you participate (the "Qualified Plan") is amended after the date of this Agreement, your benefits under the GTE Supplemental Executive Retirement Plan or any successor thereto (the "SERP") will be equal to the greater of the benefits determined under the terms of the Qualified Plan in effect on the date of this Agreement or the benefits determined under the terms of the Qualified Plan and the SERP in effect on the date as of which your benefits are determined (taking into account in each case the extra service credit provided by paragraph (i), above), offset by any benefits due to you from the Qualified Plan. There will be no duplication of benefits between the pension benefits prescribed by the preceding provisions of this paragraph (ii) and the pension payable from the Qualified Plan or the SERP. If your employment terminates before September 30, 2002, by reason of involuntary termination for Cause (as defined below) or by reason of your voluntary termination of employment without Good Reason (as defined below), you will not be entitled to the benefits provided by the provisions of paragraphs (i) and (ii) of this Section ("Additional Pension and Benefit Credit"). If your employment terminates before September 30, 2002, by reason of your death or Disability (as defined below), you will be credited with an extra year of service for each year for which you actually worked for Service Corp. during the Term of Employment for purposes of determining your pension benefits as well as the benefits provided by the provisions of paragraph (ii) of this Section ("Additional Pension and Benefit Credit"), but you will not be entitled to any other benefits under the preceding provisions of this Section. Notwithstanding the preceding provisions of this Section ("Additional Pension and Benefit Credit"), if you have a Qualifying Termination following a Change in Control (as those terms are defined in the Executive Severance Agreement between you and GTE Service Corp., dated June 4, 1998 (the "ESA")), you will be entitled to the benefits provided by the preceding provisions of this Section as though your employment continued until the end of the Term of Employment, including the service credit provided in accordance with this Section, in lieu of the service credit provided by your ESA, subject to your execution of the release prescribed by the Sec...
